Platform publishes South Asia Quarterly Update #31

In this quarterly publication, the NGO Shipbreaking Platform informs about the shipbreaking industry in Bangladesh, India and Pakistan. Providing an overview of accidents that took place on the beaches of South Asia and recent on-the-ground developments, including our activities, we aim to inform the public about the negative impacts of substandard shipbreaking practices as well as positive steps aimed at the realisation of environmental justice and the protection of workers’ rights. 

 

Click here or on the image below to access the full version of our quarterly report. 

Platform News – Prison sentence for attempted illegal export of the Harrier reveals reckless actions by all parties involved

Due diligence in supply chain needed to curb environmental crime

 

In March, the Norwegian Court of Appeal convicted ship owner Georg Eide of complicity in an attempt to export the end-of-life vessel HARRIER (a.k.a. EIDE CARRIER and TIDE CARRIER) for scrapping in Pakistan, and fixed the sentence, as the District Court did on the first instance, to six months imprisonment. Eide’s second attempt to appeal was subsequently rejected by the Norwegian Supreme Court in June, therefore confirming the prison sentence.

 

The judgment, now available in English, clearly states that whether a ship owner sells a ship directly to a scrap yard on the beach in South Asia or uses an intermediary scrap dealer (a.k.a. cash buyer) to conduct the sale will not affect what degree the act merits punishment. 

 

The judgement also provides shocking insights into the role played by all parties involved in the sale and transport of the end-of-life vessel. At all steps along the way, the companies involved were knowledgeable about the intent to scrap the ship. They were also fully aware that it was illegal to scrap the vessel in South Asia, and assisted cash buyer Wirana in setting up a fraudulent tale of repair works in Dubai.

 

In 2015, after having been laid up for almost ten years, it was clear that the EIDE CARRIER did not have a bright future as an operational ship. Eide Group, the owner, was facing financial difficulties, and their bank, Nordea, incited Eide to sell unprofitable assets. Eide shared possible options with the bank, including the sale of the ship for scrapping. 

 

Shipbroking company Fearnley was hired to find a solution and introduced Eide to scrap dealer Wirana. Shortly after, in the summer of 2015, the vessel was sold to the scrap dealer for USD 5 mill. An e-mail from Wirana to Fearnley in June 2015 stated: “… Also, in view of the green activists etc., vessel NEVER to be declared as going for scrap from its current place.” Both Wirana and Fearnley were thus aware that the export from Norway to South Asia for scrapping was illegal.

 

At the same time, the NGO Shipbreaking Platform received an anonymous alert and contacted Eide to inform them that any attempt to send the vessel from Norway to South Asia would be a criminal act under European and Norwegian waste laws.

 

The vessel stayed in Norway. However, in February 2017, the EIDE CARRIER became TIDE CARRIER, changed its flag to that of Comoros and was boarded by a crew from Nabeel Ship Management with the aim of sailing to Pakistan for breaking. A false pretext that the vessel was heading for Dubai for repair and re-employment was provided to authorities.

 

The TIDE CARRIER never reached Pakistan as it faced engine problems shortly after having left the Norwegian west coast. Local authorities arrested the vessel upon finding onboard a “last voyage insurance for breaking in Pakistan” issued by insurer Skuld. The vessel changed its name (again) to HARRIER and its flag to Palau.

 

Maritime Warranty Surveyor (MWS) Aqualis Offshore had issued two certificates to the vessel, one for Gadani, Pakistan, and one for refurbishment in Dubai. In an e-mail shared by the Court of Appeal, Aqualis stated: “A second COA [certificate of approval] will also need to be issued to Dubai (for refurbishment) and left on the vessel for Suez Canal purposes (if they hear of a scrap ship then they become difficult).

"Without the assistance of shipbrokers, insurers and MWSs, illegal exports of end-of-life ships would not be possible. Illegal exports of hazardous waste are environmental crimes. This case is a stark reminder that all parties involved have a responsibility to conduct due diligence when selecting business partners."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

In July 2019, the prosecutors issued Wirana a NOK 7 million fine for having falsified papers to deceive Norwegian authorities about the ship's true destination and seaworthiness to allow the vessel to leave Norway. The cash buyer agreed to pay the fine, but without acknowledging wrongdoing. Also marine warranty surveyor Aqualis Offshore and insurance company Skuld Maritime Agency have been under investigation. The public prosecutors’ office recently dismissed the charge and withdrew the penalty charge notice issued to Aqualis Offshore for undisclosed reasons.

 

Several other cases of illegal exports involving the use of cash buyers are being investigated in Germany, the Netherlands and UK. 

 

Press Release – Turning point: new tech and developments for a new future of ship recycling presented at the Lab

Stakeholders that are pioneering a new future for sustainable ship recycling gathered in Rotterdam at the NGO Shipbreaking Platform’s Ship Recycling Lab: Transformation through Innovation. New technologies, ethical circular economy models, strategic policies for the steel industry, and many more topics linked to ship demolition, ship design, waste management and material recovery were discussed during the two-day event. 

"We aimed at boosting engagement for a new standard at the Ship Recycling Lab. Companies that can safely dismantle large assets ‘off the beach’ and use technologies ranging from automation and robotics to the age-old, tried and true use of dry docks came in numbers. Coupled with the growing market for sustainably produced scrap steel, it has become clear that the business case for truly responsible ship recycling is rising."
Ingvild Jenssen - Executive Director & Founder - NGO Shipbreaking Platform

 

The current industrial and political shift to a circular and low-carbon economy has brought ship recycling to a turning point. Participants at the Lab showcased how they are seizing new opportunities for innovation created by the momentum for green and regenerative design, production and end-of-life management.  

 

Circular Maritime Technologies International BV (CMT) chose the Lab to share its new cutting technology, which is transferable to any facility and reduces the vessel's size in several automated steps. 

 

Founders of Leviathan GmbH, Simeon Hiertz and Karsten Schumacher, announced at the Lab their cooperation with German Naval Yards on facilitating clean and safe ship recycling in Kiel. The technology developed by Leviathan, which includes the use of robots and cold water cutting techniques, will be available to owners of large vessels in a dry dock of 426x88m.

"Now our vision of automated, people- and environmentally-friendly ship recycling is becoming a reality. At the same time, we are securing important steel as a raw material for European steel production, assisting European steelmakers to reduce their carbon footprint."
Simeon Hiertz - Founder - Leviathan GmbH

 

Head of Climate Change and Governmental Affairs at ArcelorMittal Europe, Stephane Tondo, also speaking at the Lab, stated that the green transition will require the decarbonisation of steel production. According to EuRIC, using one tonne of sustainably produced scrap saves at least 1.67 tonnes of CO2. Increasing the share of scrap in steel production and ensuring proximity to raw materials are key strategies to ensure decarbonisation, said ArcelorMittal. The latter revealed its cooperation with CMT for the possible development of a new ship recycling facility in Gent, Belgium, close to its steel plant. Noting that the European Union (EU) will soon become a net importer of scrap, ArcelorMittal is now looking for additional partnerships with recyclers close to its other steel plants in the EU in order to ensure access to good quality scrap steel from vessels. 

 

"There are many reasons to be optimistic and to bet on the innovators that spoke at the Lab. They are convinced that responsible ship recycling can compete, especially given that integrated circular economy hubs, where building, maintenance, repair and material recovery take place side by side, are in view."
Ingvild Jenssen - Executive Director & Founder - NGO Shipbreaking Platform

For those who want to learn about the new developments that will shape the future of the industry and the forward-thinkers that spoke at the Lab, the NGO Shipbreaking Platform has published the new magazine Breaking Out: Anchoring Circular Innovation for Ship Recycling. This first edition of Breaking Out cuts across sectors with an eye on the latest technologies and policies aimed at reinventing ship recycling for the twenty-first century.

"Green investors will find lots of inspiring projects in Breaking Out. We also encourage ship owners that unfortunately did not make it to the Lab in great numbers to read the magazine. It is a solutions-oriented publication providing insights on what responsible recycling means via in-depth articles, interviews and spotlight profiles. It showcases very concrete new destinations for their end-of-life assets."
Ingvild Jenssen - Executive Director & Founder - NGO Shipbreaking Platform

Press Release – Toxic aircraft carrier São Paulo rejected by Turkey returning to Brazil

Environmental and labour groups declare victory 

 

The toxic waste-laden aircraft carrier SÃO PAULO is on its way back to Rio de Janeiro, Brazil. IBAMA, the Brazilian Agency that had approved the export, was forced to recall the ship after Turkey barred its entrance on August 26, 2022, pending a proper and credible accounting of the volumes of hazardous wastes on board, including asbestos, PCBs, toxic paints, and radioactive wastes.

 

Prior to this dramatic reversal, a broad coalition of civil society organisations and concerned citizens had raised the alarm about the final voyage of the massive vessel, alerting authorities in Brazil, Turkey, and countries all over the Mediterranean region with numerous, detailed letters describing the illegality of the transboundary movement of the hazardous wastes on board the ship. The opposition against the export also manifested itself in large street protests in Aliağa, Izmir, and elsewhere in Turkey.  Additionally, the UK territory of Gibraltar had stated that it would disallow the passage of the ship through its territorial waters prior to Turkey’s decision.

"It is gratifying to see that Turkey took our concerns regarding the illegality of this shipment of hazardous wastes seriously. We suspect that many of the old ships being landed and scrapped in Turkey are not legal shipments according to the international waste trade treaties – the Basel and Barcelona Conventions."
Nicola Mulinaris - Senior Communication and Policy Advisor - NGO Shipbreaking Platform

Under the Basel Convention, inventories of hazardous materials must be accurate, and the environmentally sound management of the toxics assured. Further, under the Izmir Protocol of the Barcelona Convention, Turkey is not allowed to import hazardous wastes into its territory.

 

So far, two suspect Inventories of Hazardous Materials (IHMs) have been submitted by Sök Denizcilik and Ticaret Limited, the buyer of the ship, despite the impossibility to access the majority of the ship’s structure to conduct a proper assessment. Both documents identify quantities of hazardous substances, such as asbestos and PCBs, far below the actual amounts found on SÃO PAULO’s sister ship CLEMENCEAU. The latter was built with the same design and was found to contain hundreds of tons of asbestos and PCBs at the time of its recycling in the UK. The buyer’s claim of a reported 9 tons of asbestos, no PCBs, and no radioactive residues on board the SÃO PAULO is thus seen as highly improbable.

 

Now, with the initial victory declared, the NGO Shipbreaking Platform, together with the Basel Action Network (BAN), BAN Asbestos France, the Henri Pézerat Association (Work, Health, Environment), International Ban Asbestos Secretariat (IBAS), İstanbul İSİG (İşçi Sağlığı ve İş Güvenliği) Meclisi, Greenpeace Mediterranean, and Brazilian ABREA (Associação Brasileira dos Expostos ao Amianto), is calling for a new independent IHM to be performed under the review of the French Government, and, importantly, for an entirely new auction to take place with only legal destinations participating.

 

When France sold the vessel to Brazil, the sale agreement specified that the ship could not be sent for dismantling without prior French approval. Given the current circumstances, France should now assist IBAMA in making sure an impartial and objective assessment of the quantities of hazardous materials on board is carried out, and the removal of asbestos, PCBs, radioactive substances, and toxic paints is performed in full compliance with national and international rules aimed at protecting both workers and the environment from poor waste management practices.

 

Several European yards, equipped with state-of-the-art technologies, have been showing interest in properly managing the recycling of the vessel. Additionally, a Brazilian organisation has been relentlessly campaigning for the conversion of the ship into a museum. Considering the illegality of the attempted transboundary movement and the buyer’s unreliable IHM submissions, Brazil is urged to start over, and initiate a new sale and be ready to consider alternative offers even if they are more expensive.

 

The SÃO PAULO is scheduled to arrive in Rio de Janeiro on October 4. According to the civil society groups, without a new accurate IHM, environmentally sound waste management plans, a new auction, and assurances of legal export, the ship must not be allowed to leave Brazil again.

"It is vital that the important job of managing our old toxic ships is done in accordance with international law and with the highest levels of care available on earth. Turkey certainly has no wish to be considered the world’s cheap and convenient waste dumping ground."
Asli Odman - Academic - Istanbul Health and Safety Labour Watch

 

For more information:

 

Jim Puckett, Basel Action Network, e-mail: jpuckett@ban.org, Phone: +1 206-354-0391Annie Thébaud-Mony, for Ban Asbestos-France Association, email: annie.mony@gmail.com
Asli Odman, Istanbul Health and Safety Labour Watch, email: asliodman@gmail.com
NGO Shipbreaking Platform, e-mail: info@shipbreakingplatform.org, Phone, +32 (0)260.94.419

 

 

Platform News – REMINDER: Ship Recycling Lab on 20-21 September in Rotterdam

It’s almost time! We hope your calendars are marked because the Ship Recycling Lab is about to take place in the shipping hub of Rotterdam.

 

On the 20th and 21st of September, forward-thinking stakeholders from the maritime, recycling and steel sectors, financial institutions, and policymakers will gather at the iconic Kunsthal Museum, where they will showcase and exchange ideas for best practices and strategies for ship demolition, design, waste management and material recovery in line with ethical circular policy goals.

 

The event will provide visibility to companies that have developed solutions, including innovative cutting techniques, new state-of-the-art waste handling procedures, cradle-to-cradle concept design, and clean steel breakthrough technologies aimed at achieving a zero-carbon steel-making process. Curious and want to learn more? Check out the list of speakers and the online agenda here.

 

What are the impacts of unregulated shipbreaking practices on workers and the environment? What does it mean to sustainably recycle vessels in line with ethical circularity? What impacts will the increased demand for scrap steel have on the ship recycling market? How can new innovative technologies and economic and policy instruments drive an ethical circular economy?

 

We try to answer these questions in conversation with leading advocates for environmental justice, ship owners, steel producers, policy makers, researchers, shipbuilders, ship recycling experts, and many more.

 

Don’t waste any time. Register and buy your tickets now at www.shiprecyclinglab.org. Come join us! 

Any questions? Contact us at events@shipbreakingplatform.org.
 

We encourage you to join the discussions on Twitter using the hashtag #SRLab. You can also follow the event organisers @ShipRecLab and @NGOShipbreaking.

 

Press Release – Turkish authorities ban the entrance of toxic aircraft carrier São Paulo

Success after weeks of public protests

 

Turkey has finally banned the toxic aircraft carrier SÃO PAULO from entering its national waters. For weeks, local environmental and labour rights groups, supported by international NGOs, have been protesting the voyage of the vessel from Brazil to Aliağa, demanding compliance with the Basel and Barcelona Conventions.

"From a marvelous public march with the participation of thousands of people in Aliağa to theatrical demonstrations in the center of İzmir and public statements in front of official buildings, all people came together around one single demand: to stop this toxic ship! Digital and conventional signature petitions reached more than 150.000 people within a month! The will and never-ending commitment of people forced policy makers to reconsider the mistake they had made."
Gokhan Ersoy - Project Development Officer - Greenpeace Mediterranean

The decision by Murat Kurum, Turkish Minister of Environment, City and Climate Change, comes after a Federal District Court injunction to stop the departure of the ship was not enforced, and the Brazilian government and the buyer of the vessel failed to produce and submit a second Inventory of Hazardous Material (IHM) in order to properly identify the amounts of toxics onboard the ship. Indeed, a second audit was deemed necessary by Turkey after environmental and human rights organisations challenged the validity of the first one.

"The extraordinary resistance against the export of this ship comes at a moment of intensive environmental damage to this part of the world because of the ‘open door’ waste policy of the Turkish government. No environmental or social dumping should be allowed to be able to put the environmental standards on firm ground. Thus our struggle is not only a national one."
Asli Odman - Academic - Istanbul Health and Safety Labour Watch

Following the cancellation of Turkey’s consent to the transboundary movement, IBAMA (Brazilian Institute for the Environment and Renewable Natural Resources) has issued a letter to Oceans Prime Offshore Agenciamento Maritimo Ltda, the exporting company working with the buyer SOK, to arrange the immediate return of the SÃO PAULO to Brazil. However, to date, the company in control of the vessel has not yet provided information regarding the route change.

"Together with the Basel Action Network (BAN), BAN Asbestos France, Henri Pézerat Association (Work, Health, Environment), International Ban Asbestos Secretariat (IBAS), İstanbul Isig Meclisi, Greenpeace Mediterranean, and Brazilian ABREA (Associação Brasileira dos Expostos ao Amianto), the NGO Shipbreaking Platform is now calling for the governments of Morocco, Spain, and the UK to immediately halt the vessel should it attempt to cross the Strait of Gibraltar. There is no doubt that we are witnessing a clear case of illegal traffic."
Nicola Mulinaris - Senior Communication and Policy Advisor - NGO Shipbreaking Platform

 

For more information:

 

Jim Puckett, Basel Action Network, e-mail: jpuckett@ban.org, Phone: +1 206-354-0391Annie Thébaud-Mony, for Ban Asbestos-France Association, email: annie.mony@gmail.com
Asli Odman, Istanbul Health and Safety Labour Watch, email: asliodman@gmail.com
NGO Shipbreaking Platform, e-mail: info@shipbreakingplatform.org, Phone, +32 (0)260.94.419

 

 

Public protest rally march on 4 August 2022 in Aliağa, Turkey. Image provided by Greenpeace Mediterranean.

Platform publishes South Asia Quarterly Update #30

In this quarterly publication, the NGO Shipbreaking Platform informs about the shipbreaking industry in Bangladesh, India and Pakistan. Providing an overview of accidents that took place on the beaches of South Asia and recent on-the-ground developments, including our activities, we aim to inform the public about the negative impacts of substandard shipbreaking practices as well as positive steps aimed at the realisation of environmental justice and the protection of workers’ rights. 

 

Click here or on the image below to access the full version of our quarterly report. 

Press Release – Turkey demands new survey of massive toxic warship before import


Green groups applaud Turkish request

 

The Brazilian government and Sok Denizcilik Tic.Ve Ltd.Sti (SOK) of Aliaga, Turkey, the buyer of the Aircraft Carrier SÃO PAULO, were sent scrambling on August 9, when Turkish authority Eyüp Karahan General Director of Environmental Management, on behalf of Minister Çevre Yönetimi Genel Müdürü, sent a letter to the Brazilian agency IBAMA, Competent Authority for the Basel Convention, requiring a new Inventory of Hazardous Materials (IHM) to be conducted prior the export:

 

"... As a result of the Supreme Court's interim injunction, news in the press, and the hazardous materials notices made to our Ministry, it has emerged that a new Inventory of Hazardous Materials for the ex-naval vessel in question should be prepared while the vessel is in Brazilian territorial waters before it comes to our country."

 

Claiming for weeks that the export of the ship from Brazil to Turkey is illegal under the Basel and Barcelona Conventions and that the current IHM is not credible, environmental, and labor rights groups working on this matter in Turkey, Brazil, and internationally praised the Turkish action.

"Turkey is to be applauded for asking for a true and accurate survey and inventory. The current one is simply not believable based on what we know about older aircraft carriers. We have real concerns that the provided inventory grossly underestimates the hazardous and radioactive materials on board the São Paulo."
Nicola Mulinaris - Senior Communication and Policy Advisor - NGO Shipbreaking Platform

It must be noted that Grieg Green, the survey company that issued the IHM for SOK, :

 

-  admitted they had access to only 12% of the ship;

-  did not have access to the IHM prepared by the Brazilian Navy;

-  concluded there were no radioactive materials onboard;

-  did not compare with the IHM issued by Bureau Veritas for the vessel’s sister ship CLEMENCEAU;

-  did not adequately test (only six samples) Polychlorinated Biphenyls (PCBs) concluding there were none;

-  concluded that there might be more asbestos onboard the aircraft carrier than the estimated 9 tons; and

-  recommended further sampling during dismantling operations.

 

The SÃO PAULO's sister ship CLEMENCEAU was estimated to have at least 760 tons of asbestos, a figure which was later confirmed by Bureau Veritas upon the dismantling of the CLEMENCEAU at the scrap yard ABLE UK.

 

IBAMA has responded to the Turkish request by saying the ship had already left Brazil so therefore it was not possible to fulfill the request that a new inventory be made in Brazilian territorial waters.

 

Indeed, just a few hours following the court injunction on August 4, the ship was hastily towed out to sea, and instead of following the towage plan which projected it sailing along the Brazilian coast, the tow train made an easterly heading to leave Brazilian territory as rapidly as possible. 

 

Despite the federal injunction which is now considered out of force, and the new demand for a new IHM by Turkey, neither IBAMA, the Brazilian Navy, nor SOK have made any move to turn the ship back to Brazil. It is currently moving at its top speed just off the coast of Mauritania and is just a few days away from the Strait of Gibraltar. Meanwhile, neither Spain, the UK nor Morocco have been notified or given consent for it to pass through their waters at Gibraltar as is required by the Basel Convention.

 

While IBAMA seems unwilling to respect the request by Turkey that the new survey be conducted in Brazil, they, nevertheless, wrote to the exporting company working with SOK, known as Oceans Prime Offshore Agenciamento Maritimo Ltda., to remind them that it is within the rights of the importing country to amend their import consent with new conditions. They suggested that a new IHM may be required "upon arrival" and would need to be paid for by SOK. However, doing the job in Turkey instead of Brazil is likely to be illegal.

"Under no circumstances should Turkey agree that the new survey be conducted in Turkey or any other country other than Brazil. Under the Basel Convention, a proper inventory of hazardous materials can only be conducted prior to export."
Jim Puckett - Director - Basel Action Network (BAN)
"The rush by the Brazilian government to get out to sea without checking to see if Turkey has laws against such import, to alert transit countries, and before a court injunction can be properly served, is not an excuse for Turkey to ever allow this ship into our territory. It must go back now. It should not even be allowed to pass into the Mediterranean Sea."
Asli Odman - Academic - Istanbul Health and Safety Labour Watch

 

For more information:

 

Jim Puckett, Basel Action Network, e-mail: jpuckett@ban.org, Phone: +1 206-354-0391Annie Thébaud-Mony, for Ban Asbestos-France Association, email: annie.mony@gmail.com
Asli Odman, Istanbul Health and Safety Labour Watch, email: asliodman@gmail.com
NGO Shipbreaking Platform, e-mail: info@shipbreakingplatform.org, Phone, +32 (0)260.94.419

 

 

Press Release – Imminent breaking of asbestos-laden NOASS Miller Freeman worries NGOs and local residents of Union Bay, British Columbia

With the latest news that a ship containing high amounts of toxic substances will be dismantled in Union Bay, Stand.earth, Georgia Strait Alliance, the NGO Shipbreaking Platform and the Basel Action Network (BAN) once again call upon B.C. federal, provincial and local competent bodies to halt the shipbreaking activities conducted by Deep Water Recovery LTD (DWR) at Union Bay, traditional unceded territory of several First Nations within Baynes Sound.

 

Nearby residents and K’ómoks First Nation (KFN) have raised serious concerns regarding the conditions at the yard for the past two years. In February 2022, following local and international pressure, the Comox Valley Regional District Board determined that the scrapping of vessels is not a permitted activity in the Industrial Marine (IM) zone according to the Zoning Bylaw, and sought an injunction against DWR in an attempt to shut it down. In April 2022, MP Gord Johns raised in the House of Commons the issue of shipbreaking at Union Bay and the lack of national regulation. Yet, despite these developments, local residents inform that operations at DWR have never ceased, with the former US government-owned vessel NOAAS Miller Freeman (R 223) ready to be scrapped. 

 

Given its age and type, the NOAAS Miller Freeman ship is likely to contain high amounts of hazardous substances in its structures, such as toxic paints and asbestos, which are a threat to humans and local wildlife, including shellfish. The ship was sold at auction in 2013. The Government Services Agency cautioned bidders about the presence of asbestos in pipe insulations, floor tiles, and wallboards. Without mentioning the exact amounts of hazardous materials, the bidding documents specifically recommended the buyer(s) to not release asbestos fibers by “cutting, crushing, sanding, disassembling”, operations that will take place at DWR once the vessel will be completely pulled out of the water.

 

In addition to stopping the work in Union Bay, a federally designated zone of water that is biologically significant, the groups call on the Federal Government and the Province to regulate shipbreaking in Canada and mandate that vessels be recycled in a safe and environmentally sound manner at proper industrial sites that ensure a contained environment. 

 

An aerial view of the NOASS Miller Freeman at Union Bay - © Concerned Citizens of Baynes Sound

Press Release – Brazil silent as renegade aircraft carrier moves in 
defiance of injunction and international law


Toxic warship on 6,000-mile illegal voyage across the Atlantic

 

Environmental, human rights, and labor organisations from around the world are sounding the alarm over the former Brazilian aircraft carrier SÃO PAULO, now being towed across the Atlantic towards Turkey in defiance of international and Brazilian law. 

 

The SÃO PAULO, formerly known as French naval vessel FOCH and sister ship of the infamous French aircraft carrier CLEMENCEAU, departed Brazil on the 4th of August 2022 towed by the Dutch towing vessel ALP CENTRE on a 6,000-mile journey to Aliaga, Turkey, where it is intended to be scrapped. The ship is running in defiance of a Brazil Federal District Court injunction and, according to the activist groups, has been exported in violation of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, as well as the Barcelona Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean. It is also moving in opposition to the wishes of local communities in Turkey, who consider the impending arrival and scrapping of the vessel to be an unacceptable toxic threat.   

"Safe recycling or repurposing is, of course, the right thing to do with old ships. But dismantling old ships, laden as they are with toxic paints, asbestos, and cancer-causing chemicals, is one of the world's most dangerous occupations. It must only be done in strict compliance with international and national laws and norms. The preparation and plan for this ship already fails that test."
Jim Puckett - Director - Basel Action Network (BAN)

The NGO Shipbreaking Platform, Basel Action Network (BAN), BAN Asbestos France, Henri Pézerat Association (Work, Health, Environment), International Ban Asbestos Secretariat (IBAS), İstanbul Isig Meclisi, Greenpeace Mediterranean and Brazilian ABREA are all calling for the government of Brazil and the owner of the ship (SOK Denizcilik Ve Tic LTD STI ME) to comply immediately with the injunction issued by the 16th Federal Court (Rio de Janeiro) and return the ship to Rio de Janeiro. In an open letter to IBAMA (Brazilian Institute for the Environment and Renewable Natural Resources), the Brazilian government agency responsible for authorizing the export under the Basel Convention, BAN and the NGO Shipbreaking Platform cited likely violations of established law. 

 

Defiance of Brazilian Federal District Court Injunction

 

On August 4, just a few hours after the departure of the vessel, a judge of the 16th Federal Court issued an "Order to Return the Ex-Nae SÃO PAULO to Rio de Janeiro.”  IBAMA, as the entity charged with authorizing the shipment under the Basel Convention, has clear responsibility and authority to recall the export. As no action has been taken by the Brazilian authorities, the non-governmental organisations have consequently alerted INTERPOL to the situation. 

 

Lack of Required Insurance

 

According to the insurance documents filed by IBAMA prior to the ship's departure, the accident and damage insurance elapsed in May 2022.  Yet, insurance required by the Basel Convention must be in place before the export. If the filed documents are correct and the SÃO PAULO was not properly covered by insurance, it is unlikely that any insurance company will correct this failure now and renew the policy, as the ship's export is currently under an injunction and a cloud of illegality and uncertainty.   

 

Export without Notification to, and Consent from, Transit States

 

According to the towing plan filed by IBAMA, the transboundary movement of the SÃO PAULO from Brazil to Turkey will pass through the Strait of Gibraltar and thus will move through the territorial waters of Spain, the UK, and/or Morocco. Under the Basel Convention, all transit states must be notified and give their consent before the export can commence. However, in the correspondence between the NGOs and IBAMA, it was incorrectly asserted by IBAMA that the prior notification to transit states was not needed if the ship did not stop in a port. The Basel Convention's definitions clarify that transit includes passage through territorial waters. Thus, depending on the precise route chosen, Spain, Morocco, the UK, Malta, Italy, and Tunisia should have been notified and their consent should have been received prior to departure. Failure to do this makes this export illegal traffic under the Convention. Without such notification, Spain, Morocco and UK should deny passage. 

 

Export to Parties that have Prohibited the Import of Hazardous Waste 

 

When Parties notify the Basel Secretariat that they possess an import prohibition of hazardous wastes, all Parties must respect that prohibition under the Convention. Turkey has notified not only that they have a national import ban on hazardous wastes, but they are also Party to the Izmir Protocol of the Barcelona Convention, which requires Turkey to ban imports of hazardous wastes. In the case of the SÃO PAULO, Brazil, as an exporting state Party must prohibit all exports to Turkey. Yet Brazil allowed this export.  

 

Toxic Waste Quantification Discrepancies  

 

A complete and accurate assessment of the hazardous materials (waste) contained within the ship structures is a requirement prior to export under the Basel Convention. However, it appears that the Inventory of Hazardous Materials (IHM) prepared for the SÃO PAULO by Grieg Green may have greatly underestimated the quantities of cancer-causing asbestos, toxic paints, radioactive substances, and Polychlorinated Biphenyls (PCBs).  In 2006, Greenpeace International commissioned Mr. Aage Bjorn Andersen, an expert in the field of hazardous material surveys on marine vessels, to assess the sister ship CLEMENCEAU. His estimate was 760 metric tons of asbestos. In contrast, the recent IHM estimated just 9.6 tons. And, in a subsequent letter, Grieg Green admitted that figure could be significantly off the true amount. Similarly, the CLEMENCEAU was estimated to contain 165 tons of PCB material (levels higher than 50/ppm concentrations). The IHM for the SAO PAULO found no PCBs in the small number of samples taken and estimated no PCBs. For a ship built in 1957 when use of PCBs was ubiquitous, this finding of no PCBs is doubtful. Without a proper assessment of hazardous materials, the proper capacity to manage the waste cannot be determined. 

 

Meanwhile, communities in Turkey are alarmed about the incoming hazardous wastes that will potentially harm workers and need to be managed and disposed of safely. They have organized daily vigils to take place in Aliaga.  

Poster calling for Turkish demonstration against the import of the vessel
"The intended export of this massive toxic warship to Aliaga has triggered a powerful reaction from labor and environmental groups across Turkey. We are calling for the ship to be returned to Brazil immediately. Global environmental laws banning the trade in hazardous wastes must not be circumvented so easily. Until this ship can be scrapped lawfully and safely, just as it would have been accomplished in France, where it was built, our answer is a clear NO."
Asli Odman - Academic - Istanbul Health and Safety Labour Watch

 

For more information:

 

Jim Puckett, Basel Action Network, e-mail: jpuckett@ban.org, Phone: +1 206-354-0391Annie Thébaud-Mony, for Ban Asbestos-France Association, email: annie.mony@gmail.com
Asli Odman, Istanbul Health and Safety Labour Watch, email: asliodman@gmail.com
NGO Shipbreaking Platform, e-mail: info@shipbreakingplatform.org, Phone, +32 (0)260.94.419